Indal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1097 of 2025 Arising Out of PS. Case No.-85 Year-2024 Thana- CHAUTHAM District- Khagaria ====================================================== Indal Sah S/o Rajo Sah R/o vill - Pachahattar, P.S. - Chautham, Distt. - Khagaria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Parmatma Singh, Advocate For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

At the outset, learned counsel for the petitioner is permitted to make necessary correction/s in paragraph No. 1 of the bail application.

3.

The petitioner apprehends his arrest in connection with Chautham P.S. Case No. 85 of 2024 registered for the offences punishable under Sections 447, 341, 323, 307, 506 & 34 of the Indian Penal Code and Section 27 of the Arms Act. 4.

As per prosecution case, the petitioner along with other co-accused persons armed with country made rifle and pistol started abusing the informant and his brother. In the meantime, the petitioner opened fire on his brother Bauku

Patna High Court CR. MISC. No.1097 of 2025(2) dt.17-01-2025 2/3 Singh.

5.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner is named in the FIR, but there is no specific allegation attributed to the petitioner. There is general and omnibus allegation against the petitioner. Specific allegation is against Sanjay Sah, who has been granted regular bail by this Court vide order dated 25-09-2024, passed in Cr. Misc. No. 46017 of 2024. Petitioner bears no criminal antecedent. Other co-accused has been granted regular bail by this Court vide order dated 2610-2024, passed in Cr. Misc. 72462 of 2024. 6.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chautham

Patna High Court CR. MISC. No.1097 of 2025(2) dt.17-01-2025 3/3 P.S. Case No. 85 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T